KINGDOM OF CAMBODIA. NATION RELIGION KING rr ss. Sub-Decree On Process and Legal Procedure of Marriage Between Cambodian Citizen and Foreign National

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1 TAF INTERNAL USE ONLY UNOFFICIAL TRANSLATION The Royal Government of Cambodia Number: 183ANKR.BK KINGDOM OF CAMBODIA NATION RELIGION KING rr ss Sub-Decree On Process and Legal Procedure of Marriage Between Cambodian Citizen and Foreign National The Royal Government of Cambodia recalls: Ø Having seen the Constitution of the Kingdom of Cambodia Ø Having seen Preah Reach Kret No. NS/RKT/0908/1055 dated September 25 th 2008 on the appointment of the Royal Government of Cambodia Ø Having seen Preah Reach Krom No. 02 NS 94 dated July 20 th, 1994 promulgating the law on the organization and functioning of the Council of Ministers Ø Having seen Preah Reach Krom No. NS/RKM/1207/030 dated December 08 th, 2007 promulgating the civil law Ø Having seen Kret No. 56KR dated July 26 th, 1989 promulgating the law on marriage and family Ø Having seen Preah Reach Krom No. NS/RKM/1096/30 dated October 09 th, 1996 promulgating the law on nationality Ø Having seen Preah Reach Krom No. 05 NS 94 dated September 22 nd, 1994 promulgating the law on immigration Ø Having seen Preah Reach Krom No. NS/RKM/0208/005 dated February 15 th, 2008 promulgating the law on suppression of human trafficking and sexual exploitation Ø Having seen Preah Reach Krom No. NS/RKM/1006/026 dated October 21 st, 2006 promulgating the monogamy law Ø Having seen Preah Reach Krom No. NS/RKM/0196/05 dated January 24 th, 1996 promulgating the law on the establishment of the Ministry of Interior Ø Having seen Preah Reach Krom No. NS/RKM/0196/10 dated January 24 th, 1996 promulgating the law on the establishment of the Ministry of Foreign Affairs and International Cooperation

2 Ø Having seen sub-decree No. 103 ANKR.BK dated December 29 th, 2000 on the birth registration required by the Royal Government of Cambodia DECISION Chapter I General Provision Article 1 This sub-decree defines the process and legal procedure of marriage in the Kingdom of Cambodia between Cambodian citizen and foreign national. Article 2 The marriage between the Cambodian citizen and foreign national shall be on a voluntary and self willing basis and shall abide by the relevant laws and standards of the Kingdom of Cambodia. Article 3 Strictly prohibit any marriage arranged by the recruiting agencies, brokers, and exploitative companies. Article 4 Strictly prohibit fake marriage for the purpose of forced labor, trafficking in persons, or sexual exploitation. Chapter II Process and Legal Procedure of Marriage Between Cambodian Citizen and Foreign National Article 5 Foreign national, who intends to get married with Cambodian citizen, shall be required to be physically present in the Kingdom of Cambodia so as to complete the process and legal procedure of marriage. Article 6 Foreign national shall submit the marriage request with a completed application form to the Ministry of Foreign Affairs and International Cooperation of the Kingdom of Cambodia with the attached documents as of follow: - Marriage request - Copy of passport and entry visa into Cambodia - Certificate of celibacy or late Spouse s Death Certificate issued by an officially recognized institution of the country of origin of the foreign national - Medical certificate issued by an officially recognized medical institution of the Kingdom of Cambodia - Criminal record issued by an officially recognized institution of the country of origin of the foreign national - Certificate on profession and monthly income issued by an officially recognized institution of the country of origin of the foreign national Copy of passport and certificate of celibacy or late Spouse s Death Certificate shall be legalized by the Embassy or the representative office of the applicants for the Kingdom of Cambodia. Article 7 The Ministry of Foreign Affairs and International Cooperation of the Kingdom of Cambodia shall have a task to check and advise on the request application of the foreign

3 national for marriage with the Cambodian citizen and shall notify the foreign national within five working days. The Ministry of Foreign Affairs and International Cooperation shall refer the request to the Ministry of Interior and notify relevant institutions after having checked and advised on the request application documents of the foreign national. Article 8 After having received the marriage request application of the foreign national from the Ministry of Foreign Affairs and International Cooperation, the Ministry of Interior shall: - Register the marriage request application of the foreign national and notify the foreign national within five working days. - Notify the registration officials at the commune/sangkat of the permanent residence of the Cambodian citizen about the marriage request - Check the formality of the documents issued by the registration officials at the commune/sangkat of the permanent residence of the Cambodian citizen Article 9 The foreign national shall submit the marriage request to the registration officials at the commune/sangkat of the permanent residence of the Cambodian citizen after his/her marriage request application is checked, advised, and registered. The Cambodian citizen, who gets married with the foreign national, shall submit the marriage request application with the registration officials at the commune/sangkat of his/her permanent residence with the attached documents as of follow: - Marriage request - Copy of birth certificate - Certificate of celibacy or late Spouse s Death Certificate issued by commune/sangkat chief of the permanent residence of the Cambodian citizen - Medical certificate issued by an officially recognized medical institution of the Ministry of Health of the Kingdom of Cambodia Marriage request and other documents of the Cambodian citizen and foreign national shall be in tandem submitted to the registration officials at the commune/sangkat of the permanent residence of the Cambodian citizen abiding by the process and legal procedure of the registration work. Article 10 Registration officials at the commune/sangkat shall have a task to check and make decision on the marriage request of both applicants at a latest period of 3 working days after having received the marriage request and other required documents. After having checked the request and required documents of both applicants basing primarily on policy and law, the registration officials are required to issue a marriage notice with physical presence of both applicants in front of the registration officials at the commune/sangkat of the permanent residence of the Cambodian citizen. Marriage notice shall be disclosed within 10 days at the Embassy or representative office of the foreign national to the Kingdom of Cambodia at the permanent residence and the commune/sangkat office of the Cambodian citizen in accordance with the process and legal procedure of the registration work. If there is no complaint or opposition to the marriage within 10 days, both applicants shall be able to get married. Article 11 The marriage is legal only if both applicants sign a letter of marriage registration in front of the registration officials at the commune/sangkat, which both applicants submit the

4 marriage request, with two adult witnesses in accordance with the process and legal procedure of the registration work. Article 12 The Ministry of Interior shall instruct the communal registration officials, local authorities and relevant units on the sample of application letters, process, and legal procedure in relation to the marriage application between Cambodian citizen and foreign national. The Ministry of Foreign Affairs and International Cooperation shall issue an instruction on the sample of application letters, process, and legal procedure in relation to the marriage application between Cambodian citizen and foreign national. Chapter III Final Provision Article 13 Any provision contradicting this sub-decree shall stand nullified. Article 14 Minister in charge of the Council of Ministers, Minister of Interior, Minister of Foreign Affairs and International Cooperation, Ministers, Secretaries of State of all relevant Ministries and institutions shall be in charge of enforcing this sub-decree from the date of signature. Phnom Penh, 03 rd, November 2008 Prime Minster Samdech Akak Moha Sena Badei Techo Hun Sen Respectfully Submitted to Samdech Akak Moha Sena Badei Techo Prime Minister for Signature Deputy Prime Minister Minister of Interior Deputy Prime Minister Minister of Foreign Affairs and International Cooperation Sar Kheng Hor Nam Hong Receivers/CC: - Ministry of Royal Palace - Secretariat General of Council for Constitution - Secretariat General of Senate - Secretariat General of National Assembly - Secretariat General of Royal Government - Cabinet of Samdech Akak Moha Sena Badei Decho Prime Minister - As in Article 14

5 - Provincial and Municipal Halls - Periodical/Documentation